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21/7/25

Deepfakes and AI-Generated Content: A Landmark Ruling by the Delhi High Court in Response to a Harassment Campaign Targeting a Public Activist

On July 18, 2025, the Delhi High Court issued a landmark ruling demonstrating how Indian courts address harm to reputation and dignity arising from deepfakes and AI-generated content, in the context of an online harassment campaign targeting Ms. Kamya Buch, a prominent academic and activist. The proceedings were brought against multiple categories of defendants, including anonymous individuals, third-party pornographic websites, and major platforms such as X Corp (Twitter), Meta Platforms Inc. (Facebook and Instagram), Google LLC, and the Union of India, for their roles in disseminating or hosting the defamatory content.

Facts of the Case: A Public Figure Targeted by Deepfakes and AI-Generated Content

The plaintiff, Ms. Kamya Buch, is a well-known academic and activist in India, recognized for her advocacy of ethical technology use and her commitment to defending the rights of women and minorities. She had recently gained public attention through speeches and research highlighting discriminatory biases in artificial intelligence systems, as well as campaigns against the proliferation of hateful content on social media platforms.

Against this backdrop, Ms. Buch became the victim of an exceptionally large-scale digital harassment campaign involving the creation and dissemination of fabricated and highly degrading content. The actions alleged included:

  • morphed images,
  • AI-generated visuals,
  • pornographic deepfakes, and
  • defamatory texts widely shared on digital platforms.

This content portrayed Ms. Buch in an obscene and malicious light, causing severe harm to her reputation, dignity, and personal security. The perpetrators’ presumed objective was to silence her critical voice by publicly discrediting and intimidating her.

Legal Grounds and Plaintiff’s Arguments

Represented by counsel Mr. Raghav Awasthi, Ms. Buch argued that:

  • the dissemination of such content violated her fundamental rights to privacy, dignity, and reputation, as guaranteed under the Indian Constitution and affirmed by the Supreme Court in Puttaswamy v. Union of India;
  • the acts in question constituted serious civil torts, including defamation and violation of image rights;
  • and the inaction of digital platforms had enabled the persistence and escalation of the harm.

Mr. Awasthi further invoked the due diligence obligations imposed on intermediaries under the Information Technology Act and its associated rules, calling for urgent interim relief to prevent irreparable damage.

Court Decision: A Comprehensive and Protective Response

The Delhi High Court described the content at issue as “appalling, deplorable, and defamatory,” finding it to be a clear and egregious violation of Ms. Buch’s fundamental rights.

The judge ordered a series of unprecedented interim measures:

  • An ad interim injunction restraining the defendants (social media accounts and pornographic websites) from publishing or disseminating the objectionable content.
  • Orders to X Corp (Twitter) and Meta Platforms Inc. (Facebook and Instagram) to promptly remove the specified URLs.
  • An order to Google LLC to de-index these materials from its search results.
  • A directive to the Union of India to block access to the third-party websites concerned and instruct internet service providers (ISPs) to block the infringing webpages.
  • An obligation for X Corp and Meta Platforms Inc. to disclose the identifying information of users responsible for disseminating the content.
  • A confidentiality measure removing the plaintiff’s name and contact details from public court records to prevent further victimization.

A Pioneering Global Precedent

This ruling is part of an emerging body of jurisprudence in India aimed at countering abuses involving deepfakes and AI-generated content. It follows several recent decisions protecting Bollywood actors and actresses who were similarly targeted by defamatory campaigns using generative technologies.

The Delhi High Court here adopts a particularly advanced stance, requiring immediate cooperation from major digital platforms and imposing heightened responsibilities on intermediaries. This approach positions India at the forefront of global legal thinking on protecting fundamental rights against abuses of artificial intelligence.

Commentary

This decision underscores the need for legal systems to adapt to the challenges posed by generative AI and deepfakes. It provides a model for effective and balanced responses that combine victim protection, platform accountability, and respect for freedom of expression.

It marks a significant milestone in regulating harmful online content and highlights the importance of swift judicial action to counteract the amplification effects of digital dissemination.

This article was written by a French lawyer specializing in intellectual property and artificial intelligence. For advice on Indian law, consultation with a qualified local attorney is recommended.

Vincent FAUCHOUX
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